Reader Questions - Architectural Enforcement: Two Views

Dear Mr. Richardson,

You have a very enlightening column. Our board is now requiring approval of any architectural changes within the individual owner’s unit. Seems this is poking their noses in where they don’t belong. Is it legal?

K.M., Pasadena

Dear Kelly,

In a high-rise condominium, is the management of the HOA responsible for making sure owners get city permits when remodeling (electrical/plumbing). Some owners take shortcuts and contractors sometimes like to save the owner money. The HOA doesn’t have an Architectural Committee who would be responsible for reviewing plans, nor does the HOA require a copy of city approved plans, nor are plans approved by the board. It seems careless to me since work done in one unit could create problems for a neighbor, if a contractor who doesn’t do quality work is selected by the owner.

S.B., Newport Beach

Dear K.M. and S.B.,

A condominium owner typically owns the airspace bounded by the unfinished surfaces of walls, floors and ceilings. This is not universal, because the exact delineation of what is separately owned and what is common area comes from the recorded Condominium Plan. Some condominiums are configured so that the common area starts at the slab or the ground – it depends on what the Condominium Plan says, not how the property is configured.

In typical condominiums, the drywall and everything in the bearing walls is common area. In attached condominiums, this is important because what happens to the wall of one unit could affect not only adjacent units but many others. Any time a condominium owner cuts a hole in the drywall, they are usually modifying common area. Most condominium buyers do not realize “common area” is much more than the grounds, hallways, walkways and recreation room.

Homeowners often view everything behind their front door as their business and nobody else’s concern. However, changes in plumbing or wiring could endanger the neighbors if it is not properly performed, and opening up a wall between two rooms might weaken the structural integrity of the building. Association prohibitions against altering common area without association consent are a protection to the adjacent owners.

Condominium homeowners seeking to cut into walls should definitely check with their association prior to beginning work. All of the neighbors have a strong interest in making sure that changes to common area are performed with association permission, with full permits from the local building authority, and with proper licensing and liability insurance.

While some might find architectural restrictions on “interior” work intrusive, think about how intrusive it might be to your home if a neighbor’s shoddy plumbing, wiring or framing modifications causes damage.

Some can misinterpret Civil Code 4760, which seems to allow modifications inside a unit, but a closer reading reveals that interior modifications are still subject to the association governing documents and must meet applicable building codes.

Civil Code 4765 requires all associations to have a “fair, reasonable and expeditious” procedure for deciding on proposed changes to a unit or common area. Such a procedure must be in writing, adopted as an association rule.

The board’s job is to protect and preserve the common area. Work with your association, as you expect your neighbors to do the same, for the protection of all the neighbors.

Thanks,
Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.